Terms of service
TERMS AND CONDITIONS
These general terms and conditions of sale apply to all orders placed on tomstrunks.com. operated by:
Tom’s Trunks Ltd
5 Middle Street
VAT number: GB342685781
This document (together with the documents it refers to) describes the terms and conditions for placing orders and on which we supply any items (the "Items") listed on tomstrunks.com to you. Please read the following terms and conditions carefully.
2. How to place an order
Once you have selected one of our Items in the store section of tomstrunks.com, you have to select the size, colour and enter the quantity that you wish to order. The selected Item(s) can then be transferred to your shopping cart by clicking on the "add to my cart" button. You can either add more Items to you cart or proceed to the checkout by clicking on the "checkout" button located at the upper right corner of the page. You must then enter your shipping address and contact information as well as the shipping method of your choice. At this stage you can still remove or edit any Items stored in your shopping cart. If different from the shipping address you can enter your billing address at the payment page. This page allows you to enter your payment information and check the order total. Your order will be submitted at the time you press the "Place Order" button.
The Contract will only relate to those Items whose dispatch we have confirmed in the Order Shipping Confirmation. We will not be obliged to supply any other Items which may have been part of your order until the dispatch of such Items has been confirmed in a separate Order Shipping Confirmation.
Your order will be fulfilled by the delivery date set out in the Order Shipping Confirmation, or if no date is specified, then within 30 days of the date of the Order Shipping Confirmation, unless there are exceptional circumstances.
We do sell products for children, but do not allow children to directly purchase products, themselves, from tomstrunks.com. We only sell products to adults, ages 18 years and older. All service and product orders are subject to our acceptance. Accordingly, we reserve the right to refuse service for transactions on tomstrunks.com, terminate accounts, remove or edit content, or cancel orders in its sole discretion, including, without limitation, if we believe that user conduct violates applicable law or is harmful to the interests of Toms Trunks or its affiliates.
The product prices are as displayed on the Website, except in cases of obvious error.
The product prices displayed on the Website are inclusive of Value-Added Tax (VAT). The VAT rate can vary according to the EC intra-community rules in force. All prices are exclusive of shipping rates. Shipping rates are applied per order. The exact shipping rates depend on the country where your order is being delivered to. For details on shipping rates per country see our Shipping Information on our FAQs page.
We reserve the right to modify prices on tomstrunks.com at any time without notice. Changes will not affect orders in respect of which we have already sent an Order Shipping Confirmation.
4. Payments, payment security and transfer of title
Payment can be made by the payment methods as are indicated in the order process on tomstrunks.com. You will pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Toms Trunks at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
Your payment information is encrypted and will only be transmitted in a protected form over the internet. The payment is processed via the secured payment service of our partner vendors which conforms to required security standards.
Reservation of ownership
Ownership of the Items will only pass to you when we have received full payment of all sums due in respect of the Items, including delivery charges. All purchased Items are transported and delivered to you by an independent carrier not affiliated with, or controlled by us. The risk of ownership of Items is transferred to you on delivery.
5. Web returns
All goods must be unused and in the condition in which they arrived to you to qualify for an exchange or refund.
You have 30 days from the date of the purchase to return.
Proof of purchase required for a return.
Our online return portal helps streamline the return process, and once a return is initiated the portal will provide you with a prepaid return label (UK orders only). For your ease and convenience, the £3.00 cost for this label will be deducted from the refunded amount.
In addition, we may charge a £2.00 restocking fee to cover the costs associated with processing and preparing returned items for resale, which will also be deducted from the refunded amount.
Please allow up to 10 working days from the date we receive your product(s) for your refund to be processed.
Items bought outside of the UK are only eligible for refunds, not exchanges. You will have to cover the return postage as well as any customs fees payable. We suggest using a tracked service in case of loss or damage so you can make a claim with the carrier.
If you think you have received a faulty item, please follow the returns process and attach clear images of the sleeve sticker, care label (front + back) and a close up of the fault area.
Once authorised, you then have 14 days to return the product to us for a replacement item or a refund/gift certificate. A prepaid return label will be provided. For international orders, please email us.
Tom’s Trunks does not accept returns on items damaged by general wear and tear. Tom’s Trunks reserves the right to determine a genuine fault in the clothing. If Tom's Trunks deems there to be no manufacturing fault, we will send the original item back to you.
INCORRECT ITEM RECEIVED
If you think you have received an incorrect item, please follow the returns process and attach clear images of the item (front + back), sleeve sticker and care label.
Once authorised you then have 14 days to return the product to us for a replacement item or a refund/gift certificate. A prepaid return label will be provided.
DAMAGED IN TRANSIT
If goods are considered damaged in transit, please follow the returns process and attach clear images of the item (front + back), sleeve sticker and close up of the damage within 48 hours of receiving the product.
You then have 14 days to return the product to us for a replacement item or a refund/gift certificate. A pre-paid return label will be provided.
UK orders only.
If exchanging an item, the price of the replacement item must match that of the original item when you bought it.
If you wish to exchange for an item of a different price, your item must first be returned and a refund issued and a new order should be placed.
Tom’s Trunks is only responsible for the return once the return has been confirmed as received by our warehouse.
Refunds are eligible for full priced items within 30 days of purchase. We will not refund the initial delivery charge, only the price of the product. Please note: Refunds are not eligible for "Pre-Loved" items.
Refunds can take up to 10 working days to clear accounts.
Toms Trunks has made every effort to display as accurately as possible the colors of the products that appear on tomstrunks.com. As the actual colors you see depend on your computer monitor or mobile device, however, we cannot guarantee and do not warrant that your monitor’s or device’s display of any color will be accurate.
All notices given by you to us must be given to firstname.lastname@example.org. We may give notice to you at either the email or postal address you provide to us when placing an order, or in any of the ways. Notice will be deemed received and properly served immediately when posted on our website, 24 hours after an email is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
8. Transfer of Rights and Obligations
These terms and conditions are binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Registration as a user for access to certain areas on tomstrunks.com or in connection with recurring visits or purchasing may require both a user name and a password or adherence to other particular access requirements as designated by us. Only one user can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons, institutions, or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of tomstrunks.com and to your account.
Accordingly, by using tomstrunks.com, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You will immediately notify us if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. We will not be liable for any loss or damage arising from your failure to comply with these obligations. We reserve the right to delete or change a user name or password at any time and for any reason. Notwithstanding the foregoing, nothing herein shall convey to you any further rights in your account or its information and any and all such content or information shall be subject to these terms and conditions.
10. Events Outside Our Control
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms and conditions that are caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following: strikes, lock-outs or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks, and the acts, decrees, legislation, regulations or restrictions of any government.
Our performance of our obligations under these terms and conditions is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under these terms and conditions, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with the methods specified above.
If any of these terms and conditions or any provisions of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
13. Entire Agreement
These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the supply of Items from tomstrunks.com and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
We each acknowledge that in agreeing to be bound by these terms and conditions, neither of us has relied on any representation, undertaking or promise given by the other or from anything said or written in negotiations between us prior to such agreement except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any order (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
15. Applicable Law and Language
Contracts for the purchase of Items through tomstrunks.com are governed by UK law. Any dispute arising from, or related to such Contracts will be subject to the non-exclusive jurisdiction of the UK courts.
You have one month from the date Toms Trunks informs you of the applicability of the preceding paragraph to inform Toms Trunks in writing that in lieu of UK courts, you elect to have legal proceedings before the competent courts in the place where you officially reside.
The language of this Contract is English.